Newcomerstown man's rape trial begins

At 19, Daniel McComas is on trial for raping a child under age 13, an offense that could land him 25 years to life in prison if convicted. The alleged incident occurred June 27, 2011, inside his mother’s home. The alleged victim was an 11-year-old girl his mother used to baby-sit.

By Meghan Millea

Times Reporter

By Meghan Millea

Posted Feb. 21, 2013 at 12:01 AM
Updated Feb 21, 2013 at 9:03 PM

By Meghan Millea

Posted Feb. 21, 2013 at 12:01 AM
Updated Feb 21, 2013 at 9:03 PM

Daniel McComas stared down at the piece of paper in front of him. The first witness was in the middle of her testimony when he reached for a pen and quickly scribbled notes for his attorney to review.

Assured by his attorney, he visibly relaxed for the remainder of his trial which began Wednesday in Judge Elizabeth Lehigh Thomakos’ courtroom in Tuscarawas County Court of Common Pleas.

At 19, the Newcomerstown man is on trial for raping a child under age 13, an offense that could land him 25 years to life in prison if convicted. The alleged incident occurred June 27, 2011, inside his mother’s home. The alleged victim was an 11-year-old girl his mother used to baby-sit.

McComas has maintained his innocence for the past two years, rejecting two separate plea offers — one in juvenile court — until he agreed to plead guilty to a bill of information Jan. 13.

According to a judgment entry filed by Thomakos, McComas made the plea after being told the charges against him would be amended to eliminate allegations the child was under 13, reducing the mandatory sentence for a conviction from a term of 25 years to life to a term of 10 to life.

However, McComas filed a motion to withdraw the guilty plea Jan. 28, restating his innocence. Thomakos approved the motion a day later, stating his motion was consistent with his previous testimony.

His trial began Wednesday, with Tuscarawas County Assistant Prosecutor Amanda Miller and Defense Attorney Dan Guinn making opening statements.

Miller reviewed several of the witnesses she planned to bring to the courtroom over the course of the next few days, including the victim, the investigating officer, a social worker from Akron Children’s Hospital, the doctor who examined the victim, as well as forensic experts from the Ohio Bureau of Criminal Identification and Investigation. She said they would testify that the alleged victim, who was 11 at the time, was raped and that McComas’ DNA was found in her underwear.

Miller said the case has taken a long time — 21 months — to come to trial. “In that time, a lot of different versions from a lot of different people have come to the surface. You, the jury, decide who is telling the truth and who is not,” she said.

Telling the jurors they each have their own “internal lie detector,” Miller said, “I ask you to bring it.”

Guinn then addressed the jury. “This case basically revolves around a pair of underwear,” he said. “I’m going to be open and honest with you from the beginning. We’re not going to contest the fact that it was Daniel’s (DNA) in the underwear.”

Instead, Guinn told jurors the underwear submitted to the labs didn’t belong to the victim, but to a young woman who plans to testify that she had sex with McComas that day and left her clothing when she went swimming. Guinn then pointed out that there will be several witnesses who can provide testimony as to McComas’ whereabouts.

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Following opening statements, the prosecution called the alleged victim to testify. Now 13, she said she was watching TV on the couch when McComas sat next to her and forced her to put her hands down his pants. She said his sister was on the other couch and could see everything.

She said he then had her go into his bedroom, where he proceeded to have sex with her while his sister watched. Afterward, the girl used the restroom and went to sleep on the couch.

The next day, she went home and wrote a note to her mother telling her what happened. Her mother contacted the Newcomerstown Police Department. She then was taken to Akron Children’s Hospital to be examined by social workers and physicians. She was interviewed by Tyla Dudley, a social worker from the hospital. Jurors watched the taped interview, in which the then 11-year-old girl squirmed and moved uncomfortably while recalling her story.

McComas offered a different story. In his statement to Newcomerstown police, he said the girl entered his bedroom and offered to give him a sexual favor for a cigarette. His sister watched the exchange and witnessed him refuse and kick the girl out of his room. Both parties gave their testimony to investigating officer John Gray.

Gray said an arrest was made only after BCI confirmed McComas’ DNA matched what was found in the underwear.

The defense focused on whether the girl changed clothing prior to being examined at the hospital, noting the outfit in the taped interview didn’t match the outfit she described. Retrieving the underwear, Guinn noted the pair seemed to be smaller than a pair she would wear, referring to his earlier statements that the underwear belonged to someone else.

Guinn also pointed to the girl’s inconsistency when it came to the number of witnesses. Initially she only identified McComas, his mother, sister and her brother as present. Later, she recalled other individuals were present sometime during the day June 27, 2011.